Digitally signed by SIDDHANT 2025:CGHC:56484 SIDDHANT TAMRAKAR TAMRAKAR Date:

2025.11.25

10:32:59 +0530 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR SA No. 419 of 2003

1. Ful Singh Nag (Died Through Lrs) As Per Honble Court Order Dated 01-08-

2025

1.1 - Smt. Rukhmani Nag Wd/ Late Shri Ful Singh Nag Aged About 54 Years R/o Vill. Talnaar, Tah. Konta, District - Dantewada (C.G.)

1.2 - Chuman Singh Nag S/o Late Shri Ful Singh Nag Aged About 33 Years R/o Vill. Talnaar, Tah. Konta, District - Dantewada (C.G.)

1.3 - Smt. Tulawati Baghel W/o Late Mahadev Baghel D/o Late Ful Singh Nag Aged About 42 Years R/o Village Sargipal Tahsil Bakawand District -

Bastar (C.G.)

1.4 - Smt. Hemlata Kashyap W/o Dharam Kashyap D/o Late Ful Singh Nag Aged About 37 Years R/o Village Adavati Tah. Jagdalpur District - Bastar (C.G.)

1.5 - Smt. Premlata Baghel W/o Late Manoj Kumar Baghel D/o Late Ful Singh Nag Aged About 34 Years R/o Village Amaguda Kachnaar Tah.

Bakawand District - Bastar (C.G.)

1.6 - Smt. Anita Kashyap W/o Ghanshyam Kashyap D/o Late Ful Singh Nag Aged About 31 Years R/o Village Chuachand Tah. Bakawand, District -

Bastar (C.G.)

2. Rop Singh Nag S/o Late Narpat Singh Aged About 47 Years R/o Village Talnaar, Teh. Konta, Distt. Dantewada Chhattisgarh , District : Dantewada, Chhattisgarh

3. Bal Singh Nag S/o Late Narpat Singh Aged About 45 Years R/o Village Talnaar, Teh. Konta, Distt. Dantewada Chhattisgarh , District : Dantewada, Chhattisgarh

4. Son Singh Nag S/o Late Narpat Singh Aged About 42 Years R/o Village Talnaar, Teh. Konta, Distt. Dantewada Chhattisgarh , District : Dantewada, Chhattisgarh

5. Sampat Singh Nag S/o Late Narpat Singh Aged About 40 Years R/o Village Talnaar, Teh. Konta, Distt. Dantewada Chhattisgarh , District : Dantewada, Chhattisgarh ... Appellant(s)

versus

1. Mandev And Others S/o Mangatu Kumhar Aged About 39 Years R/o Village Talnaar, Teh. Konta, Distt. Dantewada Chhattisgarh

2. Vasudev S/o Mangatu Kumhar Aged About 24 Years R/o Village Talnaar, Teh. Konta, Distt. Dantewada Chhattisgarh, District : Dantewada, Chhattisgarh

3. State Of Chhattisgarh S/o Through Collector, Dantewada Chhattisgarh , District : Dantewada, Chhattisgarh ... Respondent(s)

For Appellants : Mr. Prafull N. Bharat, Senior Advocate along with Mr. Akash Pandey, Advocate For Respondents No. 1 & 2 : Mr. Alok Dewangan, Advocate For State/respondent No. 3 : Mr. Pramod Shrivastava, Deputy Government Advocate Hon'ble Shri Justice Rakesh Mohan Pandey

Order on Board

19.11 .2025

1. This appeal was preferred by defendant No. 1/Narpat Singh assailing judgment and decree passed by the learned First Additional District Judge, Bastar place Jagdalpur passed in Civil Appeal No. 27-A/2002 dated 30.06.2003, whereby appeal preferred by the plaintiffs was decreed and the judgment and decree passed by the learned Civil Court was set-aside. After death of Narpat Singh his legal representatives are pursuing the matter.

2. This appeal was admitted for hearing on following substantial question of law vide order dated 10.08.2015 and 10.11.2025 and the same is reproduced herein-below :-

a) Whether in the light of an order being passed by the Sub Divisional Officer under Section 170 (b) of M.P.L.R. Code and which having been upheld by the Collector, Commissioner and the Board of Revenue, the suit of the plaintiff would have been maintainable keeping in view Section 257 of M.P.L.R. Code ?

b) Whether the first appellate court could have decided the caste status of the plaintiff as well as the defendant in a first appeal arising out of a suit for declaration of title ?

c) Whether the civil suit filed by the plaintiff would be competent when the plaintiff failed to challenge the orders passed by the Revenue Authorities in a proceeding under Section 170(b) of CG Land Revenue Code ?

3. The plaintiffs filed a Civil Suit for declaration of title and possession inter alia on the ground that their father Mangatu had purchased land bearing survey No. 223 area 5.30 acre situated at Village Talnaar, Tehsil Konta, Distri